Haase v. Common Council

Hasbrouck, J. (dissenting):

The difficulty I find in this case is that while the statute declares there shall be a vacancy in the office of a water commissioner who fails to perform his duties for three months, the statute names no authority to declare such vacancy. Perhaps it could be made by the common council appointing a successor. (People ex rel. Ward v. Drake, 43 App. Div. 325.)

Where the statute specifies the existence of an unchallengeable fact as evidence of vacancy the statute is quite self-executing. (Cronin v. Stoddard, 97 N. Y. 274.) Where the fact is doubtful or in dispute the…